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Home My WebLink AboutAgenda Report - April 4, 2012 C-13 PHAGENDA ITEM C%*13 CITY OF LODI COUNCIL COMMiJ1VICATION AGENDA TITLE: Set Public Hearing on April 18, 2012 to Consider Amending Lodi Municipal Code Chapter 13.20 — Electrical Service, by Repealing and Re-enacting Section 13.20.175 "Schedule ECA — Energy Cost Adjustment" in its Entiretyto Include Flat Energy Cost Adjustment (ECA) Option MEETING DATE: April 4, 2012 PREPARED BY: Electric Utility Director RECOMMENDED ACTION: Set Public Hearing on April 18, 2012 to consider amending Lodi Municipal Code Chapter 13.20 — Electrical Service, by Repealing and Re-enacting Section 13.20.175 "Schedule ECA — Energy Cost Adjustment" in its entirety to Include Fiat Energy Cost Adjustment (ECA) option. BACKGROUND INFORMATION: The Electric Utility proposes a flat ECA option for customers taking service under schedule 1-1. This would reduce the impact of the monthly ECA and create a levelized payment option. EUD staff will calculate a flat ECA based on projected sales divided by the budgeted NCPA All Resources Bill for the upcoming 12 month period (July -June) minus 8.31 cents. The resulting amount shall be automatically implementedfor bills rendered during the 11 billing months beginning in July and ending in May. The June billing shall include a true -up for the actual ECA billed in the same 11 month period and the actual ECA for the month of June. FISCAL IMPACT: None. Full amount of ECA due will be collected within the fiscal year. FUNDING: Not applicable. izabeth A. Kirkley Electric Utility Director PREPARED BY: Matt Foskett, Rates and Resources Manager EAK/MF/Ist Konradt Bartlam, City Manager ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND REENACTING SECTION 13.20.175, "SCHEDULE ECA — ENERGY COST ADJUSTMENT" IN ITS ENTIRETY ---------------------------------------------------------------------- ---------------------------------------------------------------------- BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1 Lodi Municipal Code Section 13.20.175, "Schedule ECA — Energy Cost Adjustment," is hereby repealed and reenacted in its entirety to read as follows: APPLICABILITY: This schedule is applicable to all electric customers served by the City of Lodi. Each customer shall pay the applicable rate plus an Energy Cost Adjustment (ECA) for each kilowatt-hour (kWh) delivered to the customer. The adjustment shall be the product of the total kilowatt-hours (kWh) for which the bill is rendered times the ECA amount per kWh. The purpose of the ECA is to adjust for increases/decreases to the City of Lodi's wholesale energy costs. This adjustment provides a mechanism to recover increased costs for wholesale energy or to lower collections when costs decrease below the base charge level. RATES: Effective July 6, 2007, the ECA billing factor for any given month shall be calculated as follows: ECA = (a) + U - U(d+f) - (f) (e) Where: (a) equals the amount the City of Lodi is actually charged by the Northern California Power Agency for the billing month, including adjustments for prior billing periods, less any third party revenue credits. (b) equals the City of Lodi's estimated costs related to the acquisition of wholesale power, both financial and physical, procured directly by the City for the billing month, including adjustments for prior billing periods. (c) equals the difference between actual retail energy sales and projected sales levels for the month which is two (2) months prior to the billing month. (d) equals the ECA billing factor for the month which is two (2) months prior to the billing month. (e) equals the forecast of projected retail energy sales for the billing month. (f) equals the baseline energy cost for the City of $0.0831. The City of Lodi will recalculate the ECA each month, and resulting amount shall be automatically implemented for bills rendered during the following billing month. The ECA shall not be discounted. SCHEDULE 1-1 FIXED ECA OPTION: Customers must elect this option prior to the start of the twelve month cycle (July - June) and must be billed for the entire twelve months under this option. Customers may opt out in the May prior to the next twelve month billing period. The City of Lodi will calculate a fixed ECA based on projected sales divided by the budgeted NCPA All Resource Bill for the upcoming 12 month period (July -June) minus eight point three one (8.31) cents. The resulting amount shall be automatically implemented for bills rendered during the eleven billing months beginning in July and ending in May. The June billing shall include a true -up for the actual ECA billed in the same eleven month period and the actual ECA for the month of June. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. SECTION 6. The amended Schedules referenced above shall be effective on applicable electric utility billings prepared by the City of Lodi on or after 2012, or the first date allowable under State law. Approved this day of , 2012 JOANNE MOUNCE MAYOR ATTEST: RANDI JOHL City Clerk State of California County of San Joaquin, ss. I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held , 2012, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2012, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. RANDI JOHL City Clerk Approved to Form: D. STEPHEN SCHWABAUER City Attorney Please immediately confirm receipt of thisfax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO CONSIDER AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND REENACTING SECTION 13.20.175, "SCHEDULE ECA — ENERGY COST ADJUSTMENT," IN ITS ENTIRETY TO INCLUDE FLAT ENERGY COST ADJUSTMENT OPTION PUBLISH DATE: SATURDAY, APRIL 7,2012 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: DATED: ORDERED BY: THURSDAY, APRIL 5,2012 JENNIFER M. ROBISON, CMC ASSISTANT CITY CLERK RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 RANDI JOHL CITY CLERK 11 r-)1.101 (�� P.Z,4 AAA., F RiNk SECERRA— ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Faxedto the Sentinel at 369-1084 at (time) on (date) (pages) IS Phoned to confirm receipt of all pages _., „ „%r/ . ;,,,,.,.....; , i forms\advins.doc DECLARATION OF POSTING PUBLIC HEARING TO CONSIDER AMENDING LODI MUNICIPAL CODE CHAPTER 13.20 — ELECTRICAL SERVICE — BY REPEALING AND REENACTING SECTION 13.20.175, "SCHEDULE ECA — ENERGY COST ADJUSTMENT," IN ITS ENTIRETY TO INCLUDE FLAT ENERGY COST ADJUSTMENT OPTION On Thursday, April 5, 2012, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to consider amending Lodi Municipal Code Chapter 13.20 — Electrical Service — by repealing and reenacting Section 13.20.175, "Schedule ECA — Energy Cost Adjustment," in its entirety to include flat energy cost adjustment option (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on April 5, 2012, at Lodi, California. JENNIFER M. ROBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTEUD.DOC ORDERED BY: RANDIJOHL CITY CLERK •0 - CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: April 18, 2012 Time: 7:00 p.m. For information regarding this notice please contact: Randi Johl City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 18, 2012, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to considerthe following matter: a) Amending Lodi Municipal Code Chapter 13.20 — Electrical Service — by repealing and reenacting Section 13.20.175, "Schedule ECA — Energy Cost Adjustment," in its entirety to include flat energy cost adjustment option. Information regarding this item may be obtained in the Electric Utility Department, 1331 South Ham Lane, Lodi, (209) 333-6762. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at anytime prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By,rcher of the Lodi City Council: Ra ohl City Clerk Dated: April 4, 2012 D. Stephen Schwabauer City Attorney CLERKIPUBHEARINOTICESINoteud.doc 3/29/12